### SERVED: February 16, 2017 U.S. DEPARTMENT OF TRANSPORTA**TI~fkENT** 

## OF OFFICE OF HEARINGS

# OEP~SPORTATION WASHINGTON, DC 

## TRA 

# znn fEB ' 1 P 3: 3 ' In The Matter Of: ) 

## DOCKET OPERATIONS ) DocketNo. FAA-2015-3307 FELTS FIELD AVIATION ) ) Case No. 2015WP910090 Respondent )



### ORDERAMENDING THE LITIGATION SCHEDULE

OnApril 14, 2016 an Order Setting Litigation Dates and Procedures was filed. On July 14, 2016, an Order Extending Certain Litigation Deadlines was filed. On January 26, 2017 an Order was issued that cancelled the March 2017 Hearing, and reserved the week of.June 19- 23,2017 for Hearing. (Jan. 26, 2017 Order, 14**~** 3.) On February 15, 2017, the parties convened by telephone for a Motion and Scheduling Conference. As part ofthis Conference, the pm1ies agreed to reschedule certain deadlines and contained in the April 14,2016Litigation Order. Pursuant to 14 C.F.R. § 13.205, and afterreviewing all pleadings and documents, as well as all relevant caselaw, decisions, regulations, statutory authority, and being fully advised: 

### IT IS HEREBY ORDERED: A. Based on agreement ofthe pat1ies, the litigation dates, discovery procedures, and hearing dates are hereby amended as follows: 1. March 10, 2017: Deadline for Filing Dispositive Motion(s). The last date for both parties to file any/all pre-hearing dispositive motions, including Default Motions and/or Summary Judgment Motions, is amended from September 30,2016 to March 10,2017. a) March 24, 2017: The deadline for filing an Answerto any Dispositive Motion(s) is amended. from October

### 2L 2016 to March 24,2017.b) April7, 2017: The deadline for filing a Reply (ifany) to dispositive motions is amended from November4, 2016 to April7,2017. 2. Telephone Motion Conference: April 19, 2017 (1 :30 p.m.-3:00 p.m. ET). The date for the Telephone Motion Conference on dispositive motions is amended from November 18. 2016 to April19, 2017 (1:30 p.m.-3:00p.m. ET). The parties shall convene by telephone onApril 19, 2017 for oral argument on any tiled disp_ositive motions. N.B. If the parties do not file dispositive motions, then this Telephone Conference will be automatically converted and held as a Pre-Hearing Status Conference. 3. May 16, 2017: List ofWitnesses/Exchange ofExhibits. The deadline for exchanging and filing witness lists and exhibits is amended from January 13, 2017 to May 16, 2017. On orbefore May 16, 2017, the parties will file the following: a) A list ofthe witnesses the party intends to call; b) A short statement ofthe testimony expected from each such witness; c) The resume or statement ofqualifications ofeach witness who will be offered as an expert; d) The documents the pmiy intends to otfer in evidence (pre-marked as noted in paragraph 

### Eofthe April 14, 2016 Order); and e) An index cover sheet with a briefdescription ofeach document. 4. May 16, 2017: Written Stipulations and/orAg•·ced Motions in Limine. The deadline for filing written stipulations and/or agreed motions in limine is amended from January 13,2017to May 16, 2017. On or before May 16,2017, the patiies shall tile any written stipulations that narrow the factual or legal issues, and/or agreed Motions in Limine. 5. June20, 2017- June 21 2017: HearingDates. The Hearing will take 2.0 days or less. The Hearing will begin onJune 20, 2017 (9:00a.m.- 4:30p.m.) in Spokane, Washington. The Hearing will continue on June 21,2017 (9:00a.m-4:30p.m.) and conclude onthat day. A separate Notice ofHearing Location will be filed. 6. The parties shall continue to comply with the procedures contained in paragraphs B

-- I of the April 14, 2016 Order. 7. for clarifications ofthis order orquestions with regard to the procedures to be followed in this case, please contact Mrs. Kelly OrL Judicial StafTAssistant. at the Off1ce of Hearings (202-366-5121).

Attachment: Service List

Page 2 of2

### DocketNo. FAA-2015-3307 (Civil PenaltyAction) 

### SERVICE LIST- BYU.S. MAIL ORIGINAL & ONE COPY 

### Federal AviationAdministration 800 Independence Avenue, S.W. Washington, DC 20591 Attention: HearingDocketClerk, AGC-430 WilburWright Building-Suite2W10001 ONE COPY 

### Ms. Fatimah Stokley Complainant's Counsel 

# i

FederalAviationAdministration, Office oftheChiefCo sel EnforcementDivision- WesternTeam P.O. Box 920007 LosAngeles, CA90009-2007 TEL: 310-725-7112 FPCX: 310-725-6816 Mr. MarkJ. Conlin Mr. Benjamin L. Wybomey Respondent's Counsel 

### Conlin, Maloney & 

### Miller 421 W. Riverside Ave., Suite 911 Spokane, W A 99201 TEL: 509-624-3020 FPCK: 509-623-1650 Judge J.E. Sullivan US. AdministrativeLawJudge 

### U.S. DepartmentofTransportation OfficeofHearings, M-20 1200NewJerseyAvenue, S.E. (E11-310) Washington, DC 20590 TEL: 202-366-6941 FPCK: 202-366-7536

1 Service was by U.S. Mail. For service in person or by expedited cou ier, use thefollowing address: Federal Aviation Administration, 600 IndependenceAvenue, S.W., WilburW ght Building-Suite 2W1000, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430.